IRS Employee or Independent Contractor Classification (Advisory Insights, Episode 39) On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed the IRS’s Independent Contractor Test and how it can be used to determine the status of workers. He also explained that there is a presumption that independent contractors are employees in most states, how […]

HR Hiring & Onboarding Considerations (Advisory Insights, Episode 38) On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed the importance of establishing and maintaining an onboarding process for new employees. Stuart outlines some of the considerations that businesses need to consider when designing their process, including background checks, protecting proprietary information, complying […]

Corporate Internal Investigations (Advisory Insights, Episode 37) On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discusses the do’s and don’ts of corporate internal investigations. Stuart covers topics such as the importance of developing an effective internal investigation process, handling whistleblowers and their complaints, expectations for reporting and documentation for compliance initiatives, and […]

What You Must Know When Forming an LLC, Partnership, or Corporation (Advisory Insights Podcast, Episode 36) On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed some of the key considerations for businesses when forming an LLC, partnership, or corporation. He stressed the importance of having a well-designed agreement in place that covers […]

Employer Personal Appearance Policies Should Be Reviewed (Advisory Insights Podcast, Episode 35) On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm urges employers to review their employee manuals for potentially discriminatory personal appearance policies. He cites the recent CROWN Act as an example of legislation that prohibits discrimination based on hairstyle or hair […]

EEOC Guidance on Hearing Impaired Applicants and Employees (Advisory Insights Podcast, Episode 34) On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed the EEOC’s guidance on how employers must deal with hearing impaired job candidates and employees. The EEOC is looking at modifications which should be made during the job application and […]

New Federal Protections for Pregnant and Nursing Workers (Advisory Insights Podcast, Episode 33) On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed the Pregnant Workers Fairness Act (PWFA) and the PUMP Act, two new pieces of legislation that aim to protect pregnant and nursing workers in the United States. The PWFA requires […]

Employer-Related Compliance Trends in 2023 (Advisory Insights Podcast, Episode 32) On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed employer-related compliance trends in 2023. Stuart talked about pay transparency laws requiring employers to include salary range information in job postings, employee privacy laws governing how data is used in employment relationships, and […]

FTC Proposed Ban on Non-Compete Agreements (Advisory Insights Podcast, Episode 31) On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed the Federal Trade Commission’s (FTC) proposed ban on non-compete agreements. Stuart talked about how this ban, if enacted, would extend to nearly all work arrangements, including unpaid or volunteer positions, apprentices, and […]

FTC Cracks Down on Companies Non-Compete Restrictions (Advisory Insights Podcast, Episode 30) On the episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed how the Federal Trade Commission (FTC) is cracking down on companies that have non-compete restrictions. Stuart gives a quick update on the current state of non-compete agreements, noting that there is […]